Notes

You must say if you are seeking a de novo hearing (challenging the whole determination), or a hearing based on particular errors of law or fact (challenging parts of the determination), commonly called a non de novo challenge.2

When filling the form you must follow the requirements as to content set out in regulation 11 of the Employment Court Regulations 20003.

You cannot challenge a determination about the procedure that the Employment Relations Authority has followed.

What happens after you have initiated a challenge

You must advise the registry, by a letter or email, when and how you served the defendant.

The defendant will have 30 days from the date of service to file their statement of defence. The statement of defence will be served on you at the address of service you provided in your statement of claim.

Once the defence is filed the registry will organise a directions conference with a judge.

If no defence has been filed you will be asked by the registry to file an affidavit of service. A judge will issue a direction as to what will happen next. You might be asked to file submissions or to attend a hearing.

Will the Employment Relations Authority's determination be stayed?

Your challenge does not automatically stay (stop) proceedings4, including their enforcement.

Talk to the other party and see whether an agreement as to stay can be reached. It is not unusual for a judge to grant a stay by consent, on condition that an agreed sum is paid into the Employment Court trust account pending resolution of the challenge.

File a separate stay application, either with the Employment Court or with the Employment Relations Authority, if you want the Court or the Authority to make an order to stay proceedings. An order to stay proceedings prevents an action (such as enforcement of a debt) from proceeding further.

Time limit

You may wish to file any application for stay together with your challenge to determination.

Filing fee

It’s free to apply for an order to stay proceedings.

Documents

You need to file the original and two copies of the Form 14 application for stay of proceedings.

Application for leave to extend the time for filing a challenge

File an application for leave to extend the time5 for filing a challenge if you realise that you will not be able to file a challenge within 28 days of the date of determination (or if this time has already expired). File an original and two copies of the application.

Your application must state the grounds and the reasons for seeking an extension and should be accompanied by:

an affidavit in support of your application to verify the grounds for your application (original and two copies)

a draft challenge – statement of claim Form 1 (original and two copies)

three copies of the Employment Relations Authority's determination.

Time limit

There is no time limit to file this application. However, you should file it as soon as you become aware that you will not be able to file a challenge on time; or as soon as the time for filing it has expired.

Filing fee

It’s free to apply for leave to extend the time for filing a challenge.

Documents

You need to file the original and two copies of the Form 2A application for leave.